Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

I welcome the opportunity to contribute to this debate. I come to this debate having not been lobbied by anyone and, thus, I have formed a clear view regarding where I stand on the matter. I support the Bill, which I believe is the right approach. It is founded on the basis of international comparison and evidence. The Bill stands up to international scrutiny and, more importantly, it stands up to the principle of opening up decision-making and ensuring that the public has an opportunity to participate in that decision-making. I understand the concerns raised, particularly by my learned colleague, Senator McDowell, but those concerns can be teased out in more detail on Committee Stage. In general, this is a good Bill.

I commend the Government on the introduction of this legislation, which is the right thing to do when one believes a right approach is being taken on an issue. Much has been said about the Minister for Transport, Tourism and Sport, Deputy Ross. I commend him on the stance he has taken on this issue, but that is not in any way to suggest shortcomings across the Judiciary. As has been said, our Judiciary has served the country well since our independence but that does not mean we should not review the manner in which judges are appointed, as we do in regard to appointments to all State committees. If there is a perception - it may be more than a perception - that, depending on the colour of one's political skin, one can be appointed to a State committee or board or to the Judiciary, that is wrong. The thrust of this Bill is to bring about a re-evaluation of the process to eliminate that perception and that is to be welcomed.

The Bill has been open to public consultation dating back to 2013. Recommendations have been made and the Bar Council, the Judiciary and others have made submissions on it. I understand it has been welcomed across the legal profession among solicitors. This should be acknowledged. Excellent research carried out by Professor Erika Rackley and Professor Clare McGlynn on the diversity within the judicial appointments process, not only in Ireland but internationally, and whether it impacts on the decision-making process states that judicial appointments should not be necessarily restricted to liberal or conservative views but should look at wider issues such as equality of opportunity, democratic legitimacy and public buy-in and confidence. The Bill seeks to achieve this.

On lay membership, Baroness Fraser in the UK, who is a crossbench Member of the House of Lords and who was the first independent lay chairperson of the Judicial Appointments Commission in England, stated that lay membership is not necessarily about increasing transparency or openness, rather it is about adding value to the system.What she valued most about being a lay member and observing other lay members was that they brought independence of mind to the process. That is welcome, not just necessarily with judicial appointments but with political appointments to State boards.

Other jurisdictions have introduced such measures. Recently, England and Wales reconfigured the manner in which judicial appointments take place. On their 15-member commissions, there are six lay members, six from the judiciary, two lawyers and one non-legally qualified judicial person. The chair is a lay member of the commission. In Ontario, Canada, the newly established 13-member commission for judicial appointments comprised seven lay members, which included the chair, three judges and three lawyers. Based on the evaluations I have read about these arrangements in these jurisdictions, it seems the public has bought into it and the system is working.

While this legislation is not perfect, it is a step in the right direction and I am glad to support it. It is a good idea that academics have an opportunity to be appointed to the commission as well. The criteria for the public appointments process are set down. Having a blend is a useful toolkit in bringing more diversity to the legal profession. We have seen with the recent referendum, despite which side people were on, that Ireland is changing. We have a diversity of opinion with many new people coming into our country, which we all welcome. That diversity will improve the commission.

The current process is open and recommendations are made between seven and 20 members, with no ranking criteria associated with that. Judges are not interviewed, despite the fact the current process provides for that, which is wrong. If one goes for any job, one is interviewed. Senators are interviewed by many people when we go before the public or councillors who are our electors. There should be an interview process for any position of substance in the State in which one fulfils an important role. Currently, it is confined to three members and, ultimately, a Government decision.